K M THAKER Vs. STATE OF GUJARAT
LAWS(GJH)-1979-3-11
HIGH COURT OF GUJARAT
Decided on March 02,1979

K.M.THAKER Appellant
VERSUS
STATE Respondents

JUDGEMENT

N.H.BHATT - (1.) This is a petition by a Police SubInspector of Police in the Gujarat State service challenging the third round of departmental proceedings against him on the same charge.
(2.) A few facts badly necessary for the purpose of comprehending the controversy are essential to be stated. The petitioner was promoted as a Sub Inspector of Police as back as on 4-9-60 and has been working as such since then. In the year 1969 he was a P. S. I. posted at Detroj Police Station in Ahmedabad (Rural) District. One Vithalbhai who was attached to veterinary dispensary at Katosan Road is said to have gone to the P. S. I. on 18-7-69 for lodging a complaint of theft and other offences. The say of the department is that the P. S. I. had not recorded his complaint which was under secs. 393 405 323 and 114 of the Penal Code and had misdirected the whole inquiry as if Vithalbhais complaint was only for prevention of peace Said Vithalbhais however moved certain leaders who in their turn approached the D. S. P. of Ahmedabad (Rural) District. Ultimately a chargesheet came to be issued against him and the inquiry came to be made by the D. S. P. one Shri Bhaya himself who at the close of the Inquiry exonerated the Petitioner from the charge. Annexure C is the order dated 30-4-70.
(3.) Then the Inspector General of Police one Mr. Pavri took up the papers in his suo motu revisional jurisdiction and it is alleged that without issuing any notice to the petitioner he by his order Annexure D dated 26-10-70 set aside the order of the D. S. P. in favour of the petitioner and directed a fresh inquiry. Though the said order had come to be passed behind the back of the petitioner and to his obvious prejudice the petitioner for reasons best known him slept over it. Pursuant to the order Annexure D passed by the Inspector General of Police a fresh charge sheet came to be issued against him by the Special Inquiry Officer and the said charge is Annexure E. Ultimately the disciplinary authority namely the D. S. P. Bulsar passed the order Annexure I on 30 holding the Petitioner guilty and reducing the petitioner to the stage of Rs. 250.00 from the stage of Rs. 262.00. Against this order Annexure I the petitioner preferred an appeal which came to be handled by the Deputy Inspector General of Police Baroda Range Baroda. The Deputy Inspector General of Police then decided the said appeal on 25 He inter alia observed as follows : "It will thus be seen that his entire enquiry has been made in a very slipshod manner and will bear a through over handling to answer to all the queries raised above. The disciplinary proceedings are therefore quashed and ordered to be held de novo from the start after obtaining the Medical certificate and medical officers record and recording the statement of the two persons who accompanied Shri Trikam bhai as well as the statements of the Police Patel/Sarpanch the patawala the inmate of complainants house and others the charge may also be framed if necessary". ;


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